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SB-0771, As Passed Senate, April 29, 2014

SUBSTITUTE FOR

SENATE BILL NO. 771

A bill to make appropriations for the judiciary for the fiscal

year ending September 30, 2015; and to provide for the expenditure

of the appropriations.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

PART 1

LINE-ITEM APPROPRIATIONS

Sec. 101. There is appropriated for the judiciary for the

fiscal year ending September 30, 2015, from the following funds:

JUDICIARY

APPROPRIATION SUMMARY

Full-time equated exempted positions............ 486.0

GROSS APPROPRIATION.................................... $ 286,983,100

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental

transfers............................................ 2,364,400

ADJUSTED GROSS APPROPRIATION........................... $ 284,618,700

Federal revenues:

Total federal revenues................................. 6,437,400

Special revenue funds:

Total local revenues................................... 7,241,100

Total private revenues................................. 944,800

Total other state restricted revenues.................. 84,252,500

State general fund/general purpose..................... $ 185,742,900

Sec. 102. SUPREME COURT

Full-time equated exempted positions............ 245.0

Supreme court administration--92.0 FTE positions....... $ 13,371,800

Judicial institute--13.0 FTE positions................. 2,166,300

State court administrative office--60.0 FTE positions.. 11,753,900

Judicial information systems--22.0 FTE positions....... 3,072,200

Direct trial court automation support--44.0 FTE

positions............................................ 7,241,100

Foster care review board--10.0 FTE positions........... 1,290,800

Community dispute resolution--3.0 FTE positions........ 2,368,400

Other federal grants................................... 275,100

Drug treatment courts.................................. 10,958,000

Mental health courts--1.0 FTE positions................ 5,204,800

Veterans courts........................................ 500,000

Swift and sure sanctions program....................... 6,000,000

Community court pilot project.......................... 20,000

GROSS APPROPRIATION.................................... $ 64,222,400

Appropriated from:

Interdepartmental grant revenues:

IDG from department of state police.................... 1,500,000

IDG from department of corrections..................... 50,000

IDG from state police - Michigan justice training fund. 339,700

Federal revenues:

DOJ, victims assistance programs....................... 56,500

DOJ, drug court training and evaluation................ 300,000

DOT, national highway traffic safety administration.... 2,204,300

HHS, access and visitation grant....................... 613,500

HHS, children's justice grant.......................... 229,900

HHS, court improvement project......................... 1,293,300

HHS, title IV-D child support program.................. 1,012,000

HHS, title IV-E foster care program.................... 387,300

Other federal grant revenues........................... 275,100

Special revenue funds:

Local - user fees...................................... 7,241,100

Private................................................ 188,500

Private - interest on lawyers trust accounts........... 259,200

Private - state justice institute...................... 414,300

Community dispute resolution fund...................... 2,368,400

Court of appeals filing/motion fees.................... 1,641,800

Law exam fees.......................................... 641,100

Drug court fund........................................ 1,920,500

Miscellaneous revenue.................................. 271,300

Justice system fund.................................... 568,100

State court fund....................................... 378,000

State general fund/general purpose..................... $ 40,068,500

Sec. 103. COURT OF APPEALS

Full-time equated exempted positions............ 175.0

Court of appeals operations--175.0 FTE positions....... $ 22,708,200

GROSS APPROPRIATION.................................... $ 22,708,200

Appropriated from:

State general fund/general purpose..................... $ 22,708,200

Sec. 104. BRANCHWIDE APPROPRIATIONS

Full-time equated exempted positions.............. 4.0

Branchwide appropriations--4.0 FTE positions........... $ 8,772,700

GROSS APPROPRIATION.................................... $ 8,772,700

Appropriated from:

State general fund/general purpose..................... $ 8,772,700

Sec. 105. JUSTICES' AND JUDGES' COMPENSATION

Full-time judges positions...................... 600.0

Supreme court justices' salaries--7.0 justices......... $ 1,152,300

Court of appeals judges' salaries--27.0 judges......... 4,126,700

District court judges' state base salaries--245.0

judges............................................... 22,743,700

District court judicial salary standardization......... 11,236,700

Probate court judges' state base salaries--103.0

judges............................................... 9,627,900

Probate court judicial salary standardization.......... 4,669,600

Circuit court judges' state base salaries--218.0

judges............................................... 20,534,600

Circuit court judicial salary standardization.......... 9,967,900

Judges' retirement system defined contributions........ 4,361,800

OASI, social security.................................. 5,620,700

GROSS APPROPRIATION.................................... $ 94,041,900

Appropriated from:

Special revenue funds:

Court fee fund......................................... 2,988,100

State general fund/general purpose..................... $ 91,053,800

Sec. 106. JUDICIAL AGENCIES

Full-time equated exempted positions.............. 7.0

Judicial tenure commission--7.0 FTE positions.......... $ 1,120,700

GROSS APPROPRIATION.................................... $ 1,120,700

Appropriated from:

State general fund/general purpose..................... $ 1,120,700

Sec. 107. INDIGENT DEFENSE - CRIMINAL

Full-time equated exempted positions............. 55.0

Appellate public defender program--48.0 FTE positions.. $ 6,816,500

Appellate assigned counsel administration--7.0 FTE

positions............................................ 1,063,600

Michigan indigent defense commission................... 1,000,000

GROSS APPROPRIATION.................................... $ 8,880,100

Appropriated from:

Interdepartmental grant revenues:

IDG from state police - Michigan justice training fund. 474,700

Federal revenues:

Other federal grant revenues........................... 65,500

Special revenue funds:

Private - interest on lawyers trust accounts........... 82,800

Miscellaneous revenue.................................. 133,200

State general fund/general purpose..................... $ 8,123,900

Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE

Indigent civil legal assistance........................ $ 7,937,000

GROSS APPROPRIATION.................................... $ 7,937,000

Appropriated from:

Special revenue funds:

State court fund....................................... 7,937,000

State general fund/general purpose..................... $ 0

Sec. 109. TRIAL COURT OPERATIONS

Court equity fund reimbursements....................... $ 60,835,100

Judicial technology improvement fund................... 4,815,000

GROSS APPROPRIATION.................................... $ 65,650,100

Appropriated from:

Special revenue funds:

Court equity fund...................................... 50,440,000

Judicial technology improvement fund................... 4,815,000

State general fund/general purpose..................... $ 10,395,100

Sec. 110. GRANTS AND REIMBURSEMENTS TO LOCAL

GOVERNMENT

Drug case-flow program................................. $ 250,000

Drunk driving case-flow program........................ 3,300,000

Juror compensation reimbursement....................... 6,600,000

GROSS APPROPRIATION.................................... $ 10,150,000

Appropriated from:

Special revenue funds:

Drug fund.............................................. 250,000

Drunk driving fund..................................... 3,300,000

Juror compensation fund................................ 6,600,000

State general fund/general purpose..................... $ 0

Sec. 111. ONE-TIME BASIS ONLY APPROPRIATIONS

Full-time equated exempted positions

MiCS case management system............................ $ 3,500,000

GROSS APPROPRIATION.................................... $ 3,500,000

Appropriated from:

State general fund/general purpose..................... $ 3,500,000

PART 2

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2014-2015

GENERAL SECTIONS

Sec. 201. Pursuant to section 30 of article IX of the state

constitution of 1963, total state spending from state resources

under part 1 for fiscal year 2014-2015 is $269,995,400.00 and state

spending from state resources to be paid to local units of

government for fiscal year 2014-2015 is $138,461,000.00. The

itemized statement below identifies appropriations from which

spending to local units of government will occur:

JUDICIARY

SUPREME COURT

State court administrative office...................... $ 511,900

Drug treatment courts.................................. 10,658,300

Mental health courts................................... 5,147,600

Veterans courts........................................ 485,000

Swift and sure sanctions............................... 5,900,000

TRIAL COURT OPERATIONS

Court equity fund reimbursements....................... $ 60,835,100

Judicial technology improvement fund................... 4,815,000

Michigan court system.................................. 3,500,000

JUSTICES' AND JUDGES' COMPENSATION

District court judicial salary standardization......... $ 11,236,700

Probate court judges' state base salaries.............. 9,627,900

Probate court judicial salary standardization.......... 4,669,600

Circuit court judicial salary standardization.......... 9,967,900

Grant to OASI contribution fund, employers share,

social security..................................... 956,300

GRANTS AND REIMBURSEMENTS TO LOCAL GOVERNMENT

Drunk driving case-flow program........................ $ 3,300,000

Drug case-flow program................................. 250,000

Juror compensation reimbursement....................... 6,600,000

TOTAL.................................................. $ 138,461,100

Sec. 202. (1) The appropriations authorized under this part

and part 1 are subject to the management and budget act, 1984 PA

431, MCL 18.1101 to 18.1594.

(2) Funds appropriated in part 1 to an entity within the

judicial branch shall not be expended or transferred to another

account without written approval of the authorized agent of the

judicial entity. If the authorized agent of the judicial entity

notifies the state budget director of its approval of an

expenditure or transfer, the state budget director shall

immediately make the expenditure or transfer. The authorized

judicial entity agent shall be designated by the chief justice of

the supreme court.

Sec. 203. As used in this part and part 1:

(a) "DOJ" means the United States department of justice.

(b) "DOT" means the United States department of

transportation.

(d) "HHS" means the United States department of health and

human services.

(e) "IDG" means interdepartmental grant.

(f) "OASI" means old age survivor's insurance.

Sec. 204. The judicial branch shall not take disciplinary

action against an employee for communicating with a member of the

legislature or his or her staff.

Sec. 205. It is the intent of the legislature that judges who

are presiding over a hearing on a foster care case shall publicly

acknowledge and request the input of the foster parent or foster

parents during the hearing.

Sec. 206. (1) The state court administrative office shall

coordinate a comprehensive training program in conjunction with the

department of human services and the foster care review board for

court personnel on the importance of parent-child visitations in

foster care cases.

(2) The state court administrative office shall submit a

report on the training requirements described in subsection (1) to

the senate and house appropriations subcommittees on the judiciary

budget, the senate and house fiscal agencies, the senate and house

policy offices, and the state budget office by March 1 of the

current fiscal year. The report shall include the date of the

training sessions, the number of court personnel who participated

in the training, and the results of the training.

Sec. 207. If the judicial branch makes any changes to a foster

care family service plan before its finalization, the presiding

judge shall provide an explanation for any changes to that plan in

the court record.

Sec. 208. The reporting requirements of this part shall be

completed with the approval of, and at the direction of, the

supreme court, except as otherwise provided in this part. The

judicial branch shall use the Internet to fulfill the reporting

requirements of this part. This may include transmission of reports

via electronic mail to the recipients identified for each reporting

requirement, or it may include placement of reports on an Internet

or Intranet site.

Sec. 209. (1) From funds appropriated in part 1 for the state

court administrative office, the state court administrative office

shall allocate $450,000.00 for the information and technology

services and projects described in subsection (2).

(2) The funds described in subsection (1) shall be used to

implement a database which tracks statistical and demographic data

on adjudicated juveniles for the use of the department of human

services, circuit and probate courts, private juvenile justice

agencies, and the state court administrative office.

(3) The state court administrative office shall submit a

report on the implementation items described in subsections (1) and

(2) to the senate and house appropriations subcommittees on the

judiciary budget, the senate and house fiscal agencies, the senate

and house policy offices, and the state budget office by March 1 of

the current fiscal year.

Sec. 210. From the funds appropriated in part 1, the state

court administrative office shall provide $30,000.00 for the task

force on the prevention of sexual abuse of children created under

section 12b of the child protection law, 1975 PA 238, MCL 722.632b.

Use of funds shall be limited to mileage reimbursements and other

travel expenses for task force operations.

Sec. 211. From the funds appropriated in part 1, the judicial

branch shall establish an interagency agreement with the department

of human services and the department of corrections linking the

swift and sure sanctions program with the Michigan rehabilitative

services program. The purpose of this relationship is to utilize

synergies that exist between the client bases and determine

eligibility of offenders in the swift and sure sanctions program

for services rendered by the Michigan rehabilitative services

program. These funds shall be used to assist individuals who have a

history of probation or parole violations and exceptional mental

health needs but shall not be used for individuals who are

currently incarcerated.

Sec. 212. The judicial branch shall receive and retain copies

of all reports funded from appropriations in part 1. Federal and

state guidelines for short-term and long-term retention of records

shall be followed. The judicial branch may electronically retain

copies of reports unless otherwise required by federal and state

guidelines.

Sec. 214. Funds appropriated in part 1 shall not be used for

the purchase of foreign goods or services, or both, if

competitively priced and of comparable quality American goods or

services, or both, are available. Preference shall be given to

goods or services, or both, manufactured or provided by Michigan

businesses, if they are competitively priced and of comparable

quality. In addition, preference shall be given to goods or

services, or both, that are manufactured or provided by Michigan

businesses owned and operated by veterans, if they are

competitively priced and of comparable quality.

Sec. 215. Not later than January 1 of each year, the state

court administrative office shall prepare a travel report listing

all travel by judicial branch employees outside this state in the

immediately preceding fiscal year that was funded in whole or in

part with funds appropriated in the budget for the judicial branch.

The report shall be submitted to the senate and house of

representatives standing committees on appropriations, the senate

and house fiscal agencies, and the state budget director. The

report shall include the following information:

(a) The dates of each travel occurrence.

(b) The transportation and related costs of each travel

occurrence, including the proportion funded with state general

fund/general purpose revenues, the proportion funded with state

restricted revenues, the proportion funded with federal revenues,

and the proportion funded with other revenues.

Sec. 219. Not later than November 30, the state budget office

shall prepare and transmit a report that provides for estimates of

the total general fund/general purpose appropriation lapses at the

close of the prior fiscal year. This report shall summarize the

projected year-end general fund/general purpose appropriation

lapses by major program or program areas. The report shall be

transmitted to the chairpersons of the senate and house

appropriations committees and the senate and house fiscal agencies.

Sec. 221. From the funds appropriated in part 1, the judicial

branch shall develop, post, and maintain, on a user-friendly and

publicly accessible Internet site, all expenditures made by the

judicial branch within a fiscal year. The posting shall include the

purpose for which each expenditure is made. The judicial branch

shall not provide financial information on its website under this

section if doing so would violate a federal or state law, rule,

regulation, or guideline that establishes privacy or security

standards applicable to that financial information.

Sec. 222. Within 14 days after the release of the executive

budget recommendation, the judicial branch shall cooperate with the

state budget office to provide the senate and house appropriations

chairs, the senate and house appropriations subcommittee chairs,

and the senate and house fiscal agencies with an annual report on

estimated state restricted fund balances, state restricted fund

projected revenues, and state restricted fund expenditures for the

fiscal years ending September 30, 2014 and September 30, 2015.

Sec. 223. The judiciary shall maintain, on a publicly

accessible website, a scorecard that identifies, tracks, and

regularly updates key metrics that are used to monitor and improve

the judiciary's performance.

Sec. 224. Total authorized appropriations from all sources

under part 1 for legacy costs for the fiscal year ending September

30, 2015 is $14,307,500.00. From this amount, total appropriations

for judiciary pension-related legacy costs are estimated at

$7,996,600.00. Total appropriations for judiciary retiree health

care legacy costs are estimated at $6,310,900.00.

JUDICIAL BRANCH

Sec. 301. Pursuant to the appropriations in part 1, the direct

trial court automation support program of the state court

administrative office shall recover direct and overhead costs from

trial courts by charging for services rendered. The fee shall cover

the actual costs incurred to the direct trial court automation

support program in providing the service, including development of

future versions of case management systems.

Sec. 302. Funds appropriated within the judicial branch shall

not be expended by any component within the judicial branch without

the approval of the supreme court.

Sec. 303. Of the amount appropriated in part 1 for the

judicial branch, $511,900.00 is allocated for circuit court

reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for

costs associated with the court of claims.

Sec. 306. The supreme court and the state court administrative

office shall continue to maintain, as a priority, the assisting of

local trial courts in improving the collection of judgments.

Sec. 307. From the funds appropriated in part 1 for mental

health courts and diversion services, $1,150,000.00 is intended to

address the recommendations of the mental health diversion council.

Sec. 308. If sufficient funds are not available from the court

fee fund to pay judges' compensation, the difference between the

appropriated amount from that fund for judges' compensation and the

actual amount available after the amount appropriated for trial

court reimbursement is made shall be appropriated from the state

general fund for judges' compensation.

Sec. 309. By April 1, the state court administrative office

shall provide an update on the status of the mental health courts

to the state budget director, the senate and house appropriations

subcommittees on the judiciary, and the senate and house fiscal

agencies.

Sec. 310. From the funds appropriated in part 1 for drug

treatment court programs, with the approval of and at the

discretion of the supreme court, the state court administrative

office shall evaluate and collect data on the performance of drug

treatment court programs. The state court administrative office

shall provide an annual review of the performance of drug courts as

prescribed in section 1078(6) of the revised judicature act of

1961, 1961 PA 236, MCL 600.1078. Both of the following apply to

that annual review:

(a) It shall include measures of the impact of drug court

programs in changing offender criminal involvement (recidivism) and

substance abuse and in reducing prison admissions.

(b) It shall be completed no later than April 1 of each year

and shall also be provided to the senate and house appropriations

subcommittees on the judiciary, the senate and house fiscal

agencies, and the state budget director.

Sec. 311. (1) The funds appropriated in part 1 for drug

treatment courts shall be administered by the state court

administrative office to operate drug treatment court programs. A

drug treatment court shall be responsible for handling cases

involving substance abusing nonviolent offenders through

comprehensive supervision, testing, treatment services, and

immediate sanctions and incentives. A drug treatment court shall

use all available county and state personnel involved in the

disposition of cases including, but not limited to, parole and

probation agents, prosecuting attorneys, defense attorneys, and

community corrections providers. The funds may be used in

connection with other federal, state, and local funding sources.

(2) From the funds appropriated in part 1, the chief justice

shall allocate sufficient funds for the judicial institute to

provide in-state training for those identified in subsection (1),

including training for new drug treatment court judges.

(3) For drug treatment court grants, consideration for

priority may be given to those courts where higher instances of

substance abuse cases are filed.

(4) The judiciary shall receive $1,500,000.00 in Byrne formula

grant funding as an interdepartmental grant from the department of

state police to be used for expansion of drug treatment courts, to

assist in avoiding prison bed space growth for nonviolent offenders

in collaboration with the department of corrections.

Sec. 312. From the funds appropriated in part 1, the state

court administrator shall produce a statistical report regarding

the implementation of the parental rights restoration act, 1990 PA

211, MCL 722.901 to 722.908, as it pertains to minors seeking a

court-issued waiver of parental consent. In accordance with section

208, the state court administrative office shall report the total

number of petitions filed and the total number of petitions granted

under that act.

Sec. 317. Funds appropriated in part 1 shall not be used for

the permanent assignment of state-owned vehicles to justices or

judges or any other judicial branch employee. This section does not

preclude the use of state-owned motor pool vehicles for state

business in accordance with approved guidelines.

Sec. 318. The funds appropriated in part 1 for the community

court pilot project shall be used for the purposes of administering

a pilot program of neighborhood-focused community courts. The state

court administrative office shall work collaboratively with the

designated courts when establishing the community courts.

Sec. 320. (1) From the funds appropriated in part 1 for the

swift and sure sanctions program, the state court administrative

office shall administer a program to distribute grants to

qualifying courts in accordance with the objectives and

requirements of the probation swift and sure sanctions act, chapter

XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to

771A.8. Of the $6,000,000.00 designated for the program, not more

than $100,000.00 shall be available to the state court

administrative office to pay for employee costs associated with the

administration of the program funds. Courts interested in

participating in the swift and sure sanctions program may apply to

the state court administrative office for a portion of the funds

appropriated in part 1 under this section.

(2) By April 1, a court that receives funding under this

section shall provide a report on the program to the state budget

director, the senate and house appropriations subcommittees on the

judiciary, and the senate and house fiscal agencies. The report

shall include all of the following:

(a) The number of offenders who participate in the program.

(b) The criminal history of offenders who participate in the

program.

program, including the rate of return to jail, prison, or both.

(d) A detailed description of the establishment and parameters

of the program.

(3) As used in this section, "program" means a swift and sure

sanctions program.

Sec. 321. It is the intent of the legislature that the

judicial branch support a statewide legal self-help Internet

website and local nonprofit self-help centers that use the

statewide website to provide assistance to individuals representing

themselves in civil legal proceedings. The state court

administrative office shall evaluate the effectiveness of the

website, summarize the costs of maintaining the website, estimate

the savings the website generates for the state court system, and

report this information to the legislature.

Sec. 322. If Byrne formula grant funding is awarded to the

state appellate defender, the state appellate defender office may

receive and expend Byrne formula grant funds in an amount not

exceeding $250,000.00 as an interdepartmental grant from the

department of state police. If the appellate defender appointed

under section 3 of the appellate defender act, 1978 PA 620, MCL

780.713, receives federal grant funding from the department of

justice in excess of the amount appropriated in part 1, the office

of appellate defender may receive and expend grant funds in an

amount not exceeding $300,000.00 as other federal grants.

Sec. 323. The state court administrative office shall provide

courts with a quarterly listing of out-of-state placements of

juveniles by each court. The state court administrative office

shall also provide each judge who hears juvenile matters with the

annual listing of per diem costs of the public and private

residential care facilities located or doing business in this

state, and the recidivism data for each facility, if available, as

provided by the department of human services. The courts shall

acknowledge receipt of this information.

PART 2A

PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS

FOR FISCAL YEAR 2015-2016

GENERAL SECTIONS

Sec. 1201. It is the intent of the legislature to provide

appropriations for the fiscal year ending on September 30, 2016 for

the line items listed in part 1. The fiscal year 2015-2016

appropriations are anticipated to be the same as those for fiscal

year 2014-2015, except that the line items will be adjusted for

changes in caseload and related costs, federal fund match rates,

economic factors, and available revenue. These adjustments will be

determined after the January 2015 consensus revenue estimating

conference.

Sec. 1202. It is the intent of the legislature that the

judicial branch identify the amounts for normal retirement costs

and legacy retirement costs for the fiscal year ending on September

30, 2016 for the line items listed in part 1.